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1.
This article examines the relationship between the U.S.-led Proliferation Security Initiative (PSI) and the 1982 United Nations Convention on the Law of the Sea (UNCLOS). It attempts to answer the questions of whether the PSI is legal or illegal under UNCLOS and whether U.S. accession to UNCLOS would enhance or create difficulties for the implementation of the PSI. The author concludes that U.S. accession to the Convention would not affect adversely the implementation and effectiveness of the PSI. On the contrary, accession to UNCLOS could help increase U.S. credibility and leadership in dealing with the threat to international peace and security posed by weapons of mass destruction proliferation. It also suggests that all the relevant information needs to be gathered and examined carefully in order to answer the question of whether a PSI interdiction action is legal under UNCLOS or not.  相似文献   

2.
In January 1998, Taiwan promulgated the Law of the Republic of China (ROC) on the Territorial Sea and the Contiguous Zone and the Law of the Republic of China on the Exclusive Economic Zone (EEZ) and the Continental Shelf, both of which came into force on January 21, 1998. On June 26, 1998, China adopted the Law of the People's Republic of China on the Exclusive Economic Zone and the Continental Shelf, which is the most significant maritime legislation since its 1992 Law on the Territorial Sea and the Contiguous Zone. This article studies the recent maritime legislation developments in Mainland China and Taiwan, the differences and similarities between the two sets of laws, their implications for the Asia-Pacific region, and the potential challenges for the United States.  相似文献   

3.
This article examines the impact of the UN Law of the Sea Convention on conflict behavior and management in the South China Sea during four periods: during its negotiation (1973–1982); from its signing to the entry into force (1982–1994); from then until the China-ASEAN Declaration on the Conduct of Parties in the South China Sea (1995–2002); and from the setting of a timeline for outer limits of continental shelf submissions to the events following the 2009 submissions (2003–2013). Ambiguous effects were found. On the one hand, the Convention has generated or exacerbated conflict by raising the stakes, failing to resolve key legal issues, and encouraging overlapping zone claims. On the other hand, it has provided obligations, language, and techniques for conflict management and resolution. The conflict-enhancing impact was found to have been more substantial than the peace-promoting effects. Nevertheless, the balance has shifted toward more emphasis on conflict management and also some utilization of the Convention's peacemaking potential. If this long-term trend continues and the Convention is more rigorously respected and applied, the Convention may in the end be found to have contributed to regional peace.  相似文献   

4.
This article explains the position(s) of the United States in the maritime dispute adjacent to Svalbard. While the United States has regarded Norway's exclusive claim to the natural resources outside Svalbard as everything from “wishful thinking” to legally plausible, Washington maintains that it may have rights under the 1920 Svalbard Treaty to exploit the maritime zones adjacent to the archipelago. The U.S. reservation is the result of assessments and reassessments of legal considerations as well as national interests.  相似文献   

5.
The United States is the sole superpower in the contemporary world and its role in the development of the law of the sea cannot be ignored. Although having not yet acceded to the U.N. Convention on the Law of the Sea, the United States has contributed to the development of the international law of the sea in numerous ways, including responding to the so-called excessive maritime claims in East Asia and creating new rules of maritime enforcement. This article assesses this recent U.S. practice.  相似文献   

6.
For more than 100 years, classical biological control of invasive plants through screening, introducing and releasing of host-specific natural enemies from native regions has been regarded as one of the promising approaches to the management of invasive plants. Many invasive plants in the United States of America are native to China, and vice versa. China and the USA also share a number of invasive plant species, including water hyacinth (Eichhornia crassipes), alligator weed (Alternanthera philoxeroides) and cordgrass (Spartina spp.). Collaboration between the two countries on biological control benefits both the nations by reciprocal opportunities to research and exchange natural enemies, by exchanging information on common invasive species, and by providing training for students and professionals. Here we review the history of collaboration between China and the US on biological control of more than 20 invasive plants. Current collaborative projects associated with four plant species, Polygonum perfoliatum L., Trapa natans L. Pueraria montana (Lour.) Merr. var. lobata and Ailanthus altissima (Mill.) Swingle, are also covered. We prioritize 14 invasive plants as targets for future collaborative biological control based on information on their importance in introduced areas, natural enemy records, and their potential biocontrol risk to introduced ecosystems. They are: Ampelopsis brevipendunculata, Celastrus orbiculatus, Dioscorea oppositifolia, Euonymus alata, Euonymus fortunei, Ligustrum sinense, Melia azedarach, Paulownia tomentosa, Sapium sebiferum and Ulmus pumila for the US, as well as Spartina alterniflora, Ambrosia artemisiifolia, Ambrosia trifida and Solidago canadensis for China. In addition, we emphasize that we must very carefully consider any potential non-target effect when we intend to introduce and release new natural enemies. We anticipate that the high priority both countries have placed on control of invasive plants will stimulate increasing collaboration on biological control.  相似文献   

7.
Vessel source marine pollution is an increasingly major concern at both the national and international levels. Hong Kong, as an important maritime center, is naturally concerned with vessel source pollution. To meet the challenges, Hong Kong has formulated policies and measures that emphasize “green shipping” as part of an overall planning strategy that promotes a “green economy.” This article provides a review and analysis of Hong Kong's marine pollution laws, with a view toward making policy suggestions. It argues that the general perception of the adequacy of Hong Kong's marine laws in combating vessel source pollution is flawed. It suggests that Hong Kong should adopt a more forward-looking perspective in the formulation of legal measures to control vessel source pollution.  相似文献   

8.
For decades, states have cooperated through regional fisheries management organizations (RFMOs) on the conservation and management of living marine resources on the high seas. Nonmembers, or third states not bound by their decisions, have been an Achilles’ heel. In this article, the legal status of RFMO nonmembers and the freedom of fishing are examined. It is concluded that RFMO nonmembers have concrete obligations with respect to established fisheries subject to RFMO regulation.  相似文献   

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